Birbal Yadav @ Birval Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34661 of 2018 Arising Out of PS. Case No.-230 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Birbal Yadav @ Birval Kumar, S/o Biswa Mitra Singh, Resident of VillageSituhari, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.04.2018 in connection with Ara Nagar P.S. Case No.230 of 2018 registered for the offence under Sections 414, 401, 467, 468, 471 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is named in the F.I.R. on the basis of confessional statement made before the police by one Jhulan Yadav and on the basis of such confession, one motorcycle was recovered from his garage. It is further submitted that the petitioner is a motorcycle mechanic and several such vehicles came to his garage off and on for repair and he never verified the credential of the vehicles, which were sent to the garage for being

Patna High Court Cr.Misc. No.34661 of 2018(3) dt.13-07-2018 2/2 repaired. It is further submitted that it was not known to him that it was a stolen vehicle. Learned counsel submits that the petitioner is having no criminal antecedents and, therefore, he may be released on bail.

Considering the aforementioned facts and circumstances and that the name of the petitioner has surfaced on the confessional statement made before the police by the coaccused and that the alleged recovery of the vehicle which was in his possession was a bona fide reason for him, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ara Nagar P.S. Case No.230 of 2018.

(Anjana Mishra, J) PNM U T